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Tier-2 General New Employment Joining date

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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lkv
Newly Registered
Posts: 28
Joined: Tue Feb 14, 2017 11:38 am

Tier-2 General New Employment Joining date

Post by lkv » Fri Apr 24, 2020 6:42 pm

Hi ,
I have a qurey regarding the joining date with new employer

My First Tier -2 General Visa Issue date : 18/05/2017
Entry to UK : 29/05/2017
My First job start date : 1/06/2017
My last date of employment as per P45 : 31/12/2019
COS issue date for new employment : 19/02/2020
Initial Start date of Employment : 01/04/2020

I applied for Tier-2 Change of Employer and my got approval

Visa Approval date : 16/03/2020
Visa Valid Till : 14/10/2022

Due to Corona Issues ,my Employer asked me to join on 01/05/2020 instead of initial joining date
in COS i.e 01/04/2020 and I agreed .

Now again my joining date is deferred to 01/06/2020 .

In that case my employment gap would be 5 months by 31/05/2020.
Its has been already 4 months(by end of this month) since I left my old employer .

Will be there any issues due to 5 months Gap related to ILR or Anything else related to HMRC .

Is that okay if I join 2 months later date than in COS ?
(My Employer says it won't be any problem )

Do I still have a chance of getting curtailment letter ?

Is there anything else that I need to check with my Employer ?

Any inputs will be really appreciated

Thanks

Lady888
Newly Registered
Posts: 10
Joined: Sun Mar 29, 2020 12:30 pm
Russia

Re: Tier-2 General New Employment Joining date

Post by Lady888 » Sat Apr 25, 2020 1:12 pm

In my understanding:

1) There is no chance you will get curtailment letter for your old visa at this point. You have new visa approved.
2) However, with regards to joining date my understanding is that there might be a problem with moving it by 2 months, unless Home Office issues any new guidance with regards to that soon (they constantly update coronavirus-related guidance)

This document below states the following:
https://www.gov.uk/government/publicati ... -employers

"29.3 The start date given on the CoS must be the date that the migrant is expected
to start working for you at the time the CoS is assigned.
If such start date for a Tier 2 (General) migrant is subsequently changed after
leave has been granted, it must be within 28 days from the later of:
• the date on which their entry clearance or leave to remain is granted
• the start date on their CoS (taking into account any changes to start date
properly reported before leave is granted)"

Would be nice if someone more experienced could also comment.

I'm in similar position (switching employer on Tier 2 visa having already left previous employer), so researched that topic.

lkv
Newly Registered
Posts: 28
Joined: Tue Feb 14, 2017 11:38 am

Re: Tier-2 General New Employment Joining date

Post by lkv » Sat Apr 25, 2020 3:43 pm

I see few exceptions during this time for joining date beyond 28 days .Following are the links but I couldn't verify information from gov.uk website .

Third party weblink removed by moderator.

Any how my employer agreed to allow me join on Monday virtually ,which would fall below 28 days .

Looks like My employer didn't update my joining date in SMS .

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CR001
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Joined: Thu Mar 08, 2012 10:55 pm
Location: London
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South Africa

Re: Tier-2 General New Employment Joining date

Post by CR001 » Sat Apr 25, 2020 3:58 pm

Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

vtox_g
Junior Member
Posts: 88
Joined: Sun Mar 19, 2017 5:05 pm
United Kingdom

Re: Tier-2 General New Employment Joining date

Post by vtox_g » Thu Apr 30, 2020 11:43 pm

Hey Ikv,

when you say you applied for Tier-2 Change of Employer what do you mean here is this completely new application process or is there something where you just change the employer on the visa. Even I am in middle of some insulation.

Thank you

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